4 Rob. 381 | La. | 1843
The petitioners seek to rescind the sale of 401 coils of bale rope, which they bought of the defendant on the 2d of September, 1840, at the rate of twelve and one-half cents per pound, making a sum of $5,872 62, for which they gave their two promissory notes of $2,936 31 each, payable four months after
The evidence adduced, on the first hearing of this cause below, clearly established that a considerable portion of the rope which the plaintiffs had purchased, was of bad quality, and some of it altogether unfit for the purpose for which it was intended; but it also showed that the lot. contained a quantity, not exactly ascertained, of good and merchantable rope. Had the plaintiffs separated the sound rope from that which was defective, and confined their claim for redhibition, or a reduction of the price, to that portion of the goods which as unmerchantable, they would have had no difficulty in their way. The record even shows, that had they not misconceived the extent of their legal rights, they might have obtained justice, without engaging in the long and unprofitable litigation which has brought them before us. Upon their first complaint to the defendant, Samuel Bell, who had sold to the latter 268 coils of the rope, offered to exchange good rope for an equal quantity of any sold by him that would be pronounced by a competent judge of the article, not to be sound rope. But the plaintiffs, conceiving that they had a right to insist upon a rescission of the whole purchase, instituted in the Parish Court, in September, 1840, a redhibitory suit which they discontinued several months after; and then brought the present action, in which they again contend for the rescission of the sale in toto. The main question then, and perhaps the only one which this case presents, is, whether in consequence of the bad quality of a certain number
Judgment affirmed.